Rajasthan High Court - Jodhpur
Vimal Kumar Kathotia vs None on 18 November, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Misc. Application No. 28/2014
Vimal Kumar Kathotia
----Petitioner
Versus
None
----Respondent
For Petitioner(s) : Mr. Lalit Pareek
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 18/11/2019
1. The present misc. application has been preferred under Section 273 read with Section 301 of Indian Succession Act, 1925 read with Rule 750 of Rajasthan High court Rules, 1952 with the following prayer :-
"It is, therefore, humbly prayed that the present application may kindly be allowed, the Order dated 18/11/2005 passed in Testamentary Case No.1/2004 may kindly be modified and in exercise of powers under Section 301 of Indian Succession Act, any other Executor or Administrator may be appointed. Any other appropriate order or direction, which deem expedient in the facts of the present case may kindly be issued."
2. The Additional Affidavit filed by the applicant reads as follows :-
"I, Vimal Kumar Kathorita S/o Shri Bachhraj Ji Kathotia, Aged 68 years, Resident of E-221, Road No.10, vishwakarma Industrial Area, Jaipur, do hereby solemnly state o oath as under:-(Downloaded on 22/11/2019 at 08:28:20 PM)
(2 of 3) [CMAP-28/2014]
1. That I am Applicant in the present case and well conversant with the facts and circumstances of the case.
2. That the present proceedings have been instituted primarily under Section 301 of Indian Succession Act, 1925.
3. That the incumbent executor vide his letter dated 30.09.2013 (Ann.7) had expressed his 'no-objection' in case a substitute executor is appointed.
4. That even otherwise, by virtue of Section B of Chapter XXX of Rajasthan High Court Rules testamentary proceedings, in the nature of instant proceedings, have been deemed to be non-contentious business (where the contest has terminated). In the instant case, the contest terminated with grant of probate dated 12.01.2006 (Ann.4).
5. That in the given background the incumbent executor's failure to discharge his duties has caused serious prejudice to deponent as the deponent has not been able to enjoy the legitimate rights flowing from the will of the testator. The only controversy which remains before this Hon'ble Court is to appoint a suitable substitute executor.
6. That the Applicant seeks the liberty to suggest the following names to be considered by this Hon'ble Court for the purpose of appointing substitute executor.
(a) Shri Surendra Shah (FCA) Plot No.43, Gaurav Nagar Civil Lines, Jaipur (Mob.) 98290-60048.
(b) Shri Ashok Mehta, Sr. Advocate C-69 Manek Janpath, Lal Kothi, Jaipur (Mob.( 93148-42295
(c) Shri Ravi Bhansali, Sr. Advocate Pushp - Swaroop, E-25, Sector-E, Shastri Nagar, Jodhpur (Mob. 94141-
32331
7. That facts mentioned in para no.1 to 6 above ar true and correct to the best of my knowledge. The legal submissions mentioned herein are believed to be (Downloaded on 22/11/2019 at 08:28:20 PM) (3 of 3) [CMAP-28/2014] correct on the basis of legal advice given by my counsel. "
3. In light of the aforequoted additional affidavit, the present misc. application is allowed, and accordingly, Shri Ravi Bhansali, learned Senior Advocate is appointed as Executor and Administrator (in place of Shri Nortan Mal Duggar) to complete the administration of the moveable and immoveable properties in question, in an expeditious manner, in accordance with the probate and other usual terms. The Executor and Administrator will engage a new Surveyor and Valuer and embark upon accomplishment of the above task. If any dispute is raised, the Executor and Administrator will resolve it as quickly as possible and proceed with the administration of the properties in question.
The Executor and Administrator will file an inventory and accounts in this Court as expeditiously as possible.
(DR. PUSHPENDRA SINGH BHATI),J 10-Sudheer/-(Downloaded on 22/11/2019 at 08:28:20 PM)
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